Gotcha. Will respond accordingly

Sorry maybe I’ve not been clear. All this has been received from the solicitors, nothing from the court yet. They’ve included their amended PoC’s along with a full response pack (AoS, defence form, counterclaim form, admission form etc) and a tiny statement of truth. Do we still respond to this or wait for something from the court itself? To see if the judge is happy with the amended PoC’s?

Ok, understood. So, to be clear we return the defence form to the court (even though it came from the claimant's solicitor) and highlight that the defence is the same? No need to do the AoS again even though it's been included in the pack I assume?

I realise a new defence can be sent (point 4 as you say) but should that defence be different to the original that was previously advised? This is where I need some guidance

It’s at Stockport county court now. Was moved there previously. Paperwork states Stockport. What are next steps then?

So, sadly no such discontinuance. Amended particulars of claim received. Details below. I guess we start over again now with as there is an acknowledgment of service form etc and later submitting a defence? Does the same defence still apply? Thanks Also, this all has to be done by paper now? As it's from the local court and not Northampton so no online option?

Hi folks, brother received this today. Guess this is good news, at least for now?

Ok, DQ will be completed based on all advice received. Thanks

And what happens if the judge doesn’t give his approval? I just can’t put my brother through it! Not everything is as black and white as you see it I’m afraid. Andy says in that thread to say no if there are witnesses that the judge needs to hear from. There aren’t any witnesses so it doesn’t seem to apply here

Ok folks. Due to my brothers current fragile mental state I’m proposing the following. 1. Will refuse mediation. 2. Will agree to suitability of determination as this means I can help prepare the legal arguments on paper with advice from here (WS completion etc) without putting him through an appearance before a DJ. I realise this isn’t what would be advised by the experts and as much as I’d love to screw them down in court some things are more important and that includes my brothers mental health. If it was my case I’d be there in a heartbeat. I can’t take the risk the judge won’t let me speak on his behalf, he just wouldn’t be able to handle it. I’ll complete the DQ and come back at next stage. At least we can drag it out as long as possible

Noted. Do you think the legal arguments are sufficient if presented correctly to win v UKPC? This is what I’m unsure with this. I’ve tried to see but have there been lots of success stories on PPC cases once it gets to court? Is it possible they might still not proceed before it gets to court?

Nobody has mentioned what mediation might achieve. Somebody said that ‘settlement might knock a tenner off’ but that was settlement directly with the claimants solicitors not mediation with an independent mediator. I assumed that would be different. I was very clear with the legal arguments previously when I was dealing with DCA’s but have to admit in spite of doing research it seems a bit more sketchy with this. He didn’t pay previously as that was the advice. But clearly it’s at the stage now where it can’t be ignored so I’m trying to help him. And to answer your question, he’s ill now but wasn’t then (over a year ago), his hope was this wouldn’t come this far. Now it has, it can’t be ignored.

Again it’s easy to say but not so easy to do especially if you’re not well and have never been to any sort of court before. I guess as I’m trying to give him some advice on this I’m torn between trying to get some sort of resolution as it’s easily possible he could go to court and lose (along with all the additional stress that could cause). Is there anything to lose with mediation, you don’t have to accept any outcome? Also, in regards to suitability for determination, might that be a way to avoid court for him? Especially as there are no experts/witnesses to call. Do you believe the legal arguments are strong enough to beat them? Would I be allowed to go too?

It is for a private parking ticket so what is the reason for saying no to mediation in that specific case, might the court look upon that badly? Similarly in Andy’s note it mentions saying no to suitability for determination if you have witnesses etc to dispute factual matters but I’m not sure that applies here? Might it be easier for my brother (who’s not too well) and might find even civil court intimidating to present the arguments remotely?

Ok, so DQ now received from the court. I assume the answers are as follows A. Yes to mediation B. Complete contact details C. Yes to small claims track D. ? to Determination without a hearing (not sure on this one) E1. Local court E2. No to written evidence E3. No to witnesses E4. Complete dates not available E5. Nobody vulnerable. Copy to court and claimants solicitor Advice gratefully received